Court of Appeal Overturns High Court Ruling on NG‑CDF

Court of Appeal Gives Relief to MPs by Restoring NG‑CDF

In a major legal and political development, the Court of Appeal has overturned a High Court ruling that had declared the National Government Constituencies Development Fund (NG‑CDF) Act unconstitutional, bringing relief to Members of Parliament and stakeholders across the country.

The appellate bench delivered its judgment on Friday, February 6, 2026, in a case that has dominated constitutional and political debates for more than a year. The three‑judge panel — led by Court of Appeal President Justice Daniel K. Musinga, alongside Justices Francis Tuiyott and Aggrey Muchelule — set aside the High Court’s September 2024 decision that had struck down the entire NG‑CDF Act.

The High Court had previously ruled that the NG‑CDF framework, even after amendments in 2022 and 2023, violated key constitutional principles on devolution, public finance management, and separation of powers. It had also ordered that the fund and all its projects cease operations by June 30, 2026, sparking widespread concern among MPs and communities that depend on the fund for grassroots development projects.

However, the Court of Appeal found that the trial court erred in law by invalidating the entire statute without a detailed and principled constitutional analysis. The appellate court held that the NG‑CDF Act does not undermine the devolved system of government or encroach upon functions constitutionally assigned to county governments, and that it operates within the constitutional framework approved by Parliament through the Appropriations Act.

While the Court agreed with part of the High Court’s reasoning on separation of powers, it ruled that only Section 43(9) of the Act — which tied the tenure of a constituency fund manager to the lifespan of Parliament and election cycles — was unconstitutional and should be severed from the law. The Court upheld the remainder of the Act as valid and enforceable.

The appellate judges also rejected claims that the NG‑CDF framework violated public finance principles or required mandatory involvement by the Senate in its enactment, emphasizing that courts should not invalidate legislation based on hypothetical or speculative concerns.

The decision marks a significant victory for MPs and the National Assembly, which had challenged the High Court’s ruling. Billions in NG‑CDF funds will continue supporting schools, bursaries, security, and community projects across constituencies.

NG‑CDF supporters say the fund transforms communities, boosts education and health access, and creates local economic opportunities. Critics argue constituency funds blur legislative and executive roles, raising accountability and oversight concerns despite the Court of Appeal’s ruling.

As the NG‑CDF Act remains largely intact, attention now turns to how Parliament and other institutions will respond to the appellate court’s interpretation and whether further legal challenges or legislative reforms will emerge in the months ahead.